Case Note & Summary
The Supreme Court heard civil appeals arising from Special Leave Petitions (SLPs) and writ petitions challenging a Change of Land Use (CLU) granted for a cement grinding unit in Sangrur, Punjab. The appellants, including agriculturists and Vasant Valley Public School, argued that the CLU violated the Master Plan under the Punjab Regional and Town Planning and Development Act, 1995 (PRTPD Act) and environmental norms. The High Court had dismissed their writ petitions, upholding the CLU based on subsequent approval by the Planning Board. The Supreme Court identified key legal issues: the permissibility of CLU in a rural agricultural zone, the validity of the Planning Board's approval to cure defects, and compliance with siting and environmental safeguards. The Court held that the Master Plan is binding under the PRTPD Act, and the CLU was granted without statutory backing, making it invalid. The approval dated 05.01.2022 did not constitute a lawful alteration of the Master Plan under Section 76 of the PRTPD Act. Additionally, environmental norms, including proximity to habitations and the school, were not adhered to. The Court quashed the CLU, set aside the High Court's judgment, and directed authorities to reconsider the proposal in compliance with statutory and environmental requirements. The writ petitions under Article 32 were disposed of accordingly.
Headnote
The Supreme Court, in Civil Appeals arising from Special Leave Petitions and Writ Petitions under Article 32 of the Constitution of India, examined the legality of a Change of Land Use (CLU) granted for a cement grinding unit in Sangrur, Punjab -- The Court held that the CLU dated 13.12.2021 was invalid as it violated the Master Plan under the Punjab Regional and Town Planning and Development Act, 1995 (PRTPD Act), which designated the site as a rural agricultural zone -- The Court rejected the High Court's reasoning that approval by the Punjab Regional and Town Planning and Development Board in its 43rd meeting dated 05.01.2022 could cure the defect, stating that such approval did not constitute a lawful alteration of the Master Plan under Section 76 of the PRTPD Act -- The Court emphasized that environmental safeguards, including siting norms under the Punjab Pollution Control Board (PPCB) notification dated 02.09.1998, were not complied with, particularly regarding proximity to habitations and Vasant Valley Public School -- The Court applied principles of sustainable development and the precautionary principle, quashing the CLU and directing authorities to reconsider the proposal in accordance with law -- The judgment underscores the binding nature of Master Plans and the mandatory compliance with statutory procedures for land use changes
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Issue of Consideration: The Issue of consideration mentioned in the Judgement is the legality of the Change of Land Use (CLU) dated 13.12.2021 for a cement grinding unit in Sangrur, Punjab, and whether subsequent approvals could cure statutory defects under the Punjab Regional and Town Planning and Development Act, 1995 (PRTPD Act) and environmental norms
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Final Decision
The Supreme Court allowed the civil appeals, quashed the CLU dated 13.12.2021, set aside the High Court's judgment dated 29.02.2024, and directed the authorities to reconsider the proposal in accordance with the PRTPD Act and environmental norms. The writ petitions under Article 32 were disposed of accordingly.
